How are sex laws concerning two minors enforced?

It is illegal for anybody of any age to have sexual intercourse with a person under 18. It would be HIGHLY unlikely for such a charge to be sent to adult court--and that would happen only upon motion of the prosecutor NOT the unilateral order of a judge. However, the fact is that California has the highest age of consent in the U.S., and is one of the few with such a high age of consent and no "close in age" exception (all an age difference of three years or less does is prevent a felony charge). Realistically, everybody knows people under 18 are engaging in intercourse (the average age for loss of virginity is about 17). That means that you can assume that about half of judges, police officers, and prosecutors broke the law. Unless there is some abuse of authority or coercion, in most cases sex among consenting close-in-age teens is a very low priority issue for the police and court system.

The age in CA to consent to sex is 18 or older. Anyone under the age of 18 can not legally give consent to have sex, thus it is a crime to have sex under the age of 18 in CA regardless if both parties involved are under the age of 18.

Also there are so many other crimes in CA being committed that this takes a real low priority, unless a parent or legal guardian contacts the police.

They are typically not enforced cause most people really don't care. They only way it would be enforced is if someone reported you to the police and said that the elder person was engaging in statutory rape.

Also two 16 year olds is not illegal.

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It's not legal...but like assault, speeding and myriad other petty crimes it;s rarely enforced. Unless one of the minor's parents presses the issue or they are caught by the police and give the cops some grief, they are unlikely to be prosecuted

Q: Is it legal for two minors to have sexual intercourse? Top of page

A: No. Sexual contact while under the age of 18 is not legal. Depending on the age of the parties involved and whether or not there are repeat violations involved, it would either go to juvenile court or, under certain situations a juvenile court judge may recommend the case be moved to adult court. If the violation is under 261.5, it is a misdemeanor offense.

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.Q: If convicted of "Unlawful Sexual Intercourse" will I be required to register as a sex offender? Top of page

A: No. If convicted of violating 261.5 Unlawful Sexual Intercourse, misdemeanor or felony, you will not be required to register as a sexual offender in the state of California. If you move to another state jurisdiction, you may be required to register as a sex offender for this violation. Contact the chief of police in the city you want to reside to inquire as to the sex offender registration status of your California conviction.

Respectively, in the state of California under section 290 (2)(D)(iii)(II) a person convicted in another state of an offense similar to one of the following offenses who is required to register in the state of conviction shall not be required to register in California unless the out-of-state offense contains all of the elements of a register able California offense described in subparagraph (A): (aa) Indecent exposure, pursuant to Section 314. (ab) Unlawful sexual intercourse, pursuant to Section 261.5. (ac) Incest, pursuant to Section 285. (ad) Sodomy, pursuant to Section 286, or oral copulation, pursuant to Section 288a, provided that the offender notifies the Department of Justice that the sodomy or oral copulation conviction was for conduct between consenting adults, as described in subparagraph (G) and the department is able, upon the exercise of reasonable diligence, to verify that fact.

Complete Section - California Penal Code Section 290-294

They are not enforced because there is no law against it. If there was a law for this then our schools would have to be converted into prisons.

It's not illegal. Simply put.